5503.02
State highway patrol - powers and duties.

(A)
The
state highway patrol shall enforce the laws of the state relating to the
titling, registration, and licensing of motor vehicles; enforce on all roads
and highways, notwithstanding section
4513.39 of the Revised Code, the
laws relating to the operation and use of vehicles on the highways; enforce and
prevent the violation of the laws relating to the size, weight, and speed of
commercial motor vehicles and all laws designed for the protection of the
highway pavements and structures on the highways; investigate and enforce rules
and laws of the public utilities commission governing the transportation of
persons and property by motor carriers and report violations of such rules and
laws to the commission; enforce against any motor carrier as defined in section
4923.01 of the Revised
Code those rules and laws
that, if violated, may result in a forfeiture as provided in section
4923.99 of
the Revised Code; investigate and report violations of all laws relating to the
collection of excise taxes on motor vehicle fuels; and regulate the movement of
traffic on the roads and highways of the state, notwithstanding section
4513.39 of the Revised Code.

The patrol, whenever
possible, shall determine the identity of the persons who are causing or who
are responsible for the breaking, damaging, or destruction of any improved
surfaced roadway, structure, sign, marker, guardrail, or other appurtenance
constructed or maintained by the department of transportation and shall arrest
the persons who are responsible for the breaking, damaging, or destruction and
bring them before the proper officials for prosecution.

State highway patrol
troopers shall investigate and report all motor vehicle accidents on all roads
and highways outside of municipal corporations. The superintendent of the
patrol or any state highway patrol trooper may arrest, without a warrant, any
person, who is the driver of or a passenger in any vehicle operated or standing
on a state highway, whom the superintendent or trooper has reasonable cause to
believe is guilty of a felony, under the same circumstances and with the same
power that any peace officer may make such an arrest.

The superintendent
or any state highway patrol trooper may enforce the criminal laws on all state
properties and state institutions, owned or leased by the state, and, when so
ordered by the governor in the event of riot, civil disorder, or insurrection,
may, pursuant to sections
2935.03 to
2935.05 of the Revised Code,
arrest offenders against the criminal laws wherever they may be found within
the state if the violations occurred upon, or resulted in injury to person or
property on, state properties or state institutions, or under the conditions
described in division (B) of this section. This
authority of the superintendent and any state highway patrol trooper to enforce
the criminal laws shall extend to the Lake Erie Correctional Institution, to
the same extent as if that prison were owned by this state.

(B)
In the
event of riot, civil disorder, or insurrection, or the reasonable threat of
riot, civil disorder, or insurrection, and upon request, as provided in this
section, of the sheriff of a county or the mayor or other chief executive of a
municipal corporation, the governor may order the state highway patrol to
enforce the criminal laws within the area threatened by riot, civil disorder,
or insurrection, as designated by the governor, upon finding that law
enforcement agencies within the counties involved will not be reasonably
capable of controlling the riot, civil disorder, or insurrection and that
additional assistance is necessary. In cities in which the sheriff is under
contract to provide exclusive police services pursuant to section
311.29 of the Revised Code, in
villages, and in the unincorporated areas of the county, the sheriff has
exclusive authority to request the use of the patrol. In cities in which the
sheriff does not exclusively provide police services, the mayor, or other chief
executive performing the duties of mayor, has exclusive authority to request
the use of the patrol.

The superintendent
or any state highway patrol trooper may enforce the criminal laws within the
area designated by the governor during the emergency arising out of the riot,
civil disorder, or insurrection until released by the governor upon
consultation with the requesting authority. State highway patrol troopers shall
never be used as peace officers in connection with any strike or labor
dispute.

When a request for
the use of the patrol is made pursuant to this division, the requesting
authority shall notify the law enforcement authorities in contiguous
communities and the sheriff of each county within which the threatened area, or
any part of the threatened area, lies of the request, but the failure to notify
the authorities or a sheriff shall not affect the validity of the
request.

(C)
Any
person who is arrested by the superintendent or a state highway patrol trooper
shall be taken before any court or magistrate having jurisdiction of the
offense with which the person is charged. Any person who is arrested or
apprehended within the limits of a municipal corporation shall be brought
before the municipal court or other tribunal of the municipal
corporation.

(1)
State highway patrol troopers have the
same right and power of search and seizure as other peace officers.

No state official
shall command, order, or direct any state highway patrol trooper to perform any
duty or service that is not authorized by law. The powers and duties conferred
on the patrol are supplementary to, and in no way a limitation on, the powers
and duties of sheriffs or other peace officers of the state.

(a)
A state highway patrol trooper, pursuant
to the policy established by the superintendent of the state highway patrol
under division (D)(2)(b) of this section, may render emergency assistance to
any other peace officer who has arrest authority under section
2935.03 of the Revised Code, if
both of the following apply:

(i)
There
is a threat of imminent physical danger to the peace officer, a threat of
physical harm to another person, or any other serious emergency
situation;

(ii)
Either
the peace officer requests emergency assistance, or it appears that the peace
officer is unable to request emergency assistance and the circumstances
observed by the state highway patrol trooper reasonably indicate that emergency
assistance is appropriate, or the peace officer requests emergency assistance
and in the request the peace officer specifies a particular location and the
state highway patrol trooper arrives at that location prior to the time that
the peace officer arrives at that location and the circumstances observed by
the state highway patrol trooper reasonably indicate that emergency assistance
is appropriate.

(b)
The
superintendent of the state highway patrol shall establish, within sixty days
of August 8, 1991, a policy that sets forth the manner and procedures by which
a state highway patrol trooper may render emergency assistance to any other
peace officer under division (D)(2)(a) of this section. The policy shall
include a provision that a state highway patrol trooper never be used as a
peace officer in connection with any strike or labor dispute.

(a)
A state highway patrol trooper who
renders emergency assistance to any other peace officer under the policy
established by the superintendent pursuant to division (D)(2)(b) of this
section shall be considered to be performing regular employment for the
purposes of compensation, pension, indemnity fund rights, workers'
compensation, and other rights or benefits to which the trooper may be entitled
as incident to regular employment.

(b)
A state
highway patrol trooper who renders emergency assistance to any other peace
officer under the policy established by the superintendent pursuant to division
(D)(2)(b) of this section retains personal immunity from liability as specified
in section
9.86 of the
Revised Code.

(c)
A state
highway patrol trooper who renders emergency assistance under the policy
established by the superintendent pursuant to division (D)(2)(b) of this
section has the same authority as the peace officer for or with whom the state
highway patrol trooper is providing emergency assistance.

(b)
At the
direction of the governor, for other officials of the state government of this
state; officials of the state governments of other states who are visiting this
state; officials of the United States government who are visiting this state;
officials of the governments of foreign countries or their political
subdivisions who are visiting this state; or other officials or dignitaries who
are visiting this state, including, but not limited to, members of trade
missions;

(c)
For the
capitol square, as defined in section
105.41 of the Revised
Code;

(2)
To
carry out the security responsibilities of the patrol listed in division (E)(1)
of this section, the superintendent may assign state highway patrol troopers to
a separate unit that is responsible for security details. The number of
troopers assigned to particular security details shall be determined by the
superintendent.

(3)
The
superintendent and any state highway patrol trooper, when providing security
pursuant to division (E)(1)(a) or (b) of this section, have the same arrest
powers as other peace officers to apprehend offenders against the criminal laws
who endanger or threaten the security of any person being protected, no matter
where the offense occurs.

The superintendent,
any state highway patrol trooper, and any special police officer designated
under section
5503.09 of the Revised Code, when
providing security pursuant to division (E)(1)(c) of this section, shall
enforce any rules governing capitol square adopted by the capitol square review
and advisory board.

(F)
The
governor may order the state highway patrol to undertake major criminal
investigations that involve state property interests. If an investigation
undertaken pursuant to this division results in either the issuance of a no
bill or the filing of an indictment, the superintendent shall file a complete
and accurate report of the investigation with the president of the senate, the
speaker of the house of representatives, the minority leader of the senate, and
the minority leader of the house of representatives within fifteen days after
the issuance of the no bill or the filing of an indictment. If the
investigation does not have as its result any prosecutorial action, the
superintendent shall, upon reporting this fact to the governor, file a complete
and accurate report of the investigation with the president of the senate, the
speaker of the house of representatives, the minority leader of the senate, and
the minority leader of the house of representatives.

(G)
The
superintendent may purchase or lease real property and buildings needed by the
patrol, negotiate the sale of real property owned by the patrol, rent or lease
real property owned or leased by the patrol, and make or cause to be made
repairs to all property owned or under the control of the patrol. Any
instrument by which real property is acquired pursuant to this division shall
identify the agency of the state that has the use and benefit of the real
property as specified in section
5301.012 of the Revised Code.

Sections
123.01 and
125.02 of the Revised Code do not
limit the powers granted to the superintendent by this
division.